Second homeless person arrested at bus terminal

Published: Wednesday, February 27, 2013 at 12:03 p.m.

Last Modified: Wednesday, February 27, 2013 at 12:03 p.m.

SARASOTA - Civil rights advocates have discovered that another homeless person has been languishing in the county jail after being arrested by Sarasota police for trespassing at the downtown bus terminal — an invalid arrest, according to police officials.

According to police reports, Misty Mae Goldy, 36, was "trespassed" last Thursday by Sarasota police around 7:10 p.m. at the SCAT bus station. About an hour later, a security guard told police she had returned.

Officer Todd Perna arrested Goldy for trespass and took her to the county jail where she remains, unable to secure $500 needed for bail.

The American Civil Liberties Union is working to secure her release.

Sarasota police said Tuesday they are fine-tuning their trespass ordinance after another homeless man spent 11 days in jail for a trespass arrest at the SCAT terminal.

The problem with both arrests, according to the ACLU, is that the SCAT terminal is county property, and Sarasota police lack the authority to issue a trespass warning on county property.

Since the trespass warning was invalid, subsequent arrests become invalid.

Police Chief Bernadette DiPino sent out a memo to her staff last week, the day after Goldy's arrest, clarifying police authority to "trespass" people on public property, as well as the requirements to issue them a written notice.

The ACLU filed suit against the city and its police department last year over the trespass ordinance, which they said was a tool to roust the homeless.

"The City needs to acknowledge that its strategy to use the criminal justice system to deal with the homeless has failed miserably," said Michael Barfield, chair of the ACLU's legal panel. "Sarasota can do much better than this. It's difficult to imagine how it could do any worse."

City Manager Thomas Barwin could not be reached for comment Wednesday.

<p><em>SARASOTA</em> - Civil rights advocates have discovered that another homeless person has been languishing in the county jail after being arrested by Sarasota police for trespassing at the downtown bus terminal — an invalid arrest, according to police officials.</p><p>According to police reports, Misty Mae Goldy, 36, was "trespassed" last Thursday by Sarasota police around 7:10 p.m. at the SCAT bus station. About an hour later, a security guard told police she had returned. </p><p>Officer Todd Perna arrested Goldy for trespass and took her to the county jail where she remains, unable to secure $500 needed for bail. </p><p>The American Civil Liberties Union is working to secure her release. </p><p>Sarasota police said Tuesday they are fine-tuning their trespass ordinance after another homeless man spent 11 days in jail for a trespass arrest at the SCAT terminal.</p><p>The problem with both arrests, according to the ACLU, is that the SCAT terminal is county property, and Sarasota police lack the authority to issue a trespass warning on county property. </p><p>Since the trespass warning was invalid, subsequent arrests become invalid.</p><p>Police Chief Bernadette DiPino sent out a memo to her staff last week, the day after Goldy's arrest, clarifying police authority to "trespass" people on public property, as well as the requirements to issue them a written notice.</p><p>The ACLU filed suit against the city and its police department last year over the trespass ordinance, which they said was a tool to roust the homeless.</p><p>"The City needs to acknowledge that its strategy to use the criminal justice system to deal with the homeless has failed miserably," said Michael Barfield, chair of the ACLU's legal panel. "Sarasota can do much better than this. It's difficult to imagine how it could do any worse."</p><p>City Manager Thomas Barwin could not be reached for comment Wednesday.</p>